Johnathan Paoli
The Madlanga Commission has ruled that Witness J, a Hawks analyst, will testify behind closed doors, citing ongoing investigations and concerns for the witness’s safety.
Commission Chairperson Mbuyiseli Madlanga announced the decision on Thursday morning, following an application made by the witness’ legal team.
Witness J, an analyst attached to the Priority Crime Management Centre within the Directorate for Priority Crime Investigation (Hawks), had applied for permission to testify in camera, arguing that public testimony could compromise ongoing investigations, expose investigative methodologies and place both the witness and family members at risk.
In an affidavit submitted to the commission, the witness said the evidence relates to the analysis of data extracted from suspects’ cellular phones and other digital devices linked to a bust of 715kg of cocaine, valued at R300 million, in Aeroton, south Johannesburg in 2021.
The analyst’s statement outlined how their work involved examining messages, call records, contact information, geolocation data and movement patterns, as well as communications conducted through encrypted platforms such as WhatsApp, Telegram and Threema.
According to the affidavit, the purpose of the analysis was to identify links between suspects, uncover communication networks and establish possible criminal associations.
Central to the proposed testimony are findings concerning alleged police informant Tumelo Nku, whose role has featured prominently in evidence before the commission.
The witness stated that the analysis indicates Nku “played an active role in monitoring, facilitating and communicating about the movement of the container of drugs from the Port of Durban, KwaZulu-Natal to Johannesburg, Gauteng”, and that communications, call records and movement data linked him to other individuals relevant to the investigation.
The affidavit alleges that the digital evidence supports the existence of a coordinated network of individuals communicating through encrypted messaging platforms and ordinary cellular channels regarding container movements, transport arrangements and the suspected retrieval of illicit goods.
In their statement, Witness J argued that some of the evidence had already entered the public domain through earlier testimony by Hawks Lieutenant Colonel Nkoana Sebola, but maintained that a substantial portion of the analysis remained undisclosed.
The analyst warned that revealing this new material in open proceedings could compromise investigative leads, alert potential suspects and prejudice both current and future investigations.
The affidavit also raised concerns about personal safety, noting that the witness is not ordinarily involved in public-facing investigative work and that public identification could expose both the analyst and family members to intimidation, threats or retaliation.
The witness claimed that the new analysis points to a broader network of individuals and entities, including possible links to persons within law enforcement agencies who may not yet know they have been connected to the investigation.
Following Madlanga’s ruling, commissioners will spend the remainder of Thursday hearing Witness J’s evidence in camera.
Meanwhile, evidence leader Advocate Thabang Pooe applied for the postponement of Nku’s anticipated testimony.
Pooe told the commission that Nku’s evidence was expected to extend beyond a single day and could not be accommodated alongside the scheduled appearance of KZN Hawks head Major General Lesetja Senona, who is due to testify on Friday.
As a result, Nku, who had been expected to take the witness stand on Thursday, will now appear before the commission next week on a date still to be announced.
The commission subsequently adjourned, with open proceedings set to resume on Friday morning.
INSIDE POLITICS
